Title 42 — The Public Health and WelfareRelease 119-73
§2000d–5 Prohibited deferral of action on applications by local educational agencies seeking Federal funds for alleged noncompliance with Civil Rights Act
Title 42 › Chapter CHAPTER 21— - CIVIL RIGHTS › Subchapter SUBCHAPTER V— - FEDERALLY ASSISTED PROGRAMS › § 2000d–5
Summary
Secretary of Education cannot hold up action on a local school agency’s application for federal funds because of an alleged Title VI violation for more than 60 days after telling the agency, unless the agency is given a hearing like Title VI requires. The hearing must happen within 60 days of the notice unless both the agency and the Secretary agree to more time. Any delay cannot continue more than 30 days after the hearing ends unless the hearing record clearly finds the agency failed to comply. If a final federal court order or judgment requires the school or system to desegregate, following that order counts as following Title VI for the issues covered.
Full Legal Text
Title 42, §2000d–5
The Public Health and Welfare — Source: USLM XML via OLRC
The Secretary of Education shall not defer action or order action deferred on any application by a local educational agency for funds authorized to be appropriated by this Act, by the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.], by the Act of September 30, 1950 11 See References in Text note below. (Public Law 874, Eighty-first Congress) or by the Cooperative Research Act [20 U.S.C. 331 et seq.], on the basis of alleged noncompliance with the provisions of title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.] for more than sixty days after notice is given to such local agency of such deferral unless such local agency is given the opportunity for a hearing as provided in section 602 of title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d–1], such hearing to be held within sixty days of such notice, unless the time for such hearing is extended by mutual consent of such local agency and the Secretary, and such deferral shall not continue for more than thirty days after the close of any such hearing unless there has been an express finding on the record of such hearing that such local educational agency has failed to comply with the provisions of title VI of the Civil Rights Act of 1964: Provided, That, for the purpose of determining whether a local educational agency is in compliance with title VI of the Civil Rights Act of 1964 (Public Law 88–352), compliance by such agency with a final order or judgment of a Federal court for the desegregation of the school or school system operated by such agency shall be deemed to be compliance with such title VI, insofar as the matters covered in the order or judgment are concerned.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
This Act, referred to in text, is Pub. L. 89–750, Nov. 3, 1966, 80 Stat. 1191, known as the Elementary and Secondary Education
Amendments
of 1966. For complete classification of that Act to the Code, see
Short Title
of 1966 Amendment note set out under section 6301 of Title 20, Education, and Tables. The Elementary and Secondary Education Act of 1965, referred to in text, is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, which is classified generally to chapter 70 (§ 6301 et seq.) of Title 20. For complete classification of this Act to the Code, see
Short Title
note set out under section 6301 of Title 20 and Tables. Act of
September 30, 1950, referred to in text, is act Sept. 30, 1950, ch. 1124, 64 Stat. 1100, popularly known as the Educational Agencies Financial Aid Act, which was classified generally to chapter 13 (§ 236 et seq.) of Title 20 prior to repeal by Pub. L. 103–382, title III, § 331(b), Oct. 20, 1994, 108 Stat. 3965. For complete classification of this Act to the Code, see Tables. The Cooperative Research Act, referred to in text, is act
July 26, 1954, ch. 576, 68 Stat. 533, which was classified generally to chapter 15 (§ 331 et seq.) of Title 20, and terminated on
July 1, 1975, under provisions of section 402(c)(1) of Pub. L. 93–380, title IV, Aug. 21, 1974, 88 Stat. 544. See section 1851 et seq. of this title. For complete classification of this Act to the Code, see Tables. The Civil Rights Act of 1964, referred to in text, is Pub. L. 88–352,
July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to this subchapter. For complete classification of this Act to the Code, see
Short Title
note set out under section 2000a of this title and Tables. Codification Section was enacted as part of the Elementary and Secondary Education
Amendments
of 1966, and not as part of the Civil Rights Act of 1964, title VI of which comprises this subchapter.
Amendments
1994—Pub. L. 103–382, which directed amendment of this section by striking out “by the Act of
September 23, 1950 (Public Law 815, 81st Congress),”, was executed by striking out “by the Act of
September 23, 1950 (Public Law 815, Eighty-first Congress),” before “or by the Cooperative” to reflect the probable intent of Congress. 1968—Pub. L. 90–247 inserted proviso.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 89–750, title I, § 191, Nov. 3, 1966, 80 Stat. 1210, provided that: “The provisions of this title [enacting this section and section 241m, 871 to 880, and 886 of Title 20, Education, amending section 241b, 241c, 241e, 241f, 241g, 241h, 241j, 241k, 241l, 244, 331a, 332a, 332b, 821, 822, 823, 841, 842, 843, 844, 861, 862, 863, 864, 883, and 884 of Title 20, repealing section 241d of Title 20, and enacting provisions set out as notes under section 241a, 241b, and 241c of Title 20] shall be effective with respect to fiscal years beginning after June 30, 1966, except as specifically provided otherwise.”
Transfer of Functions
“Secretary of Education” and “Secretary” substituted in text for “Commissioner of Education” and “Commissioner”, respectively, pursuant to section 301(a)(1) and 507 of Pub. L. 96–88, which are classified to section 3441(a)(1) and 3507 of Title 20, Education, and which transferred all functions of Commissioner of Education of Department of Health, Education, and Welfare to Secretary of Education.
Reference
Citations & Metadata
Citation
42 U.S.C. § 2000d–5
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73